City of Cypress v. New Amsterdam Casualty Co.

The order granting the motion to strike portions of the answer to the complaint being non-appealable, the attempted appeal therefrom must be and is hereby ordered dismissed.

The dispute grows out of the purported obligation of the defendant and cross-complainant New Amsterdam Casualty Company to complete certain improvements in a subdivision after the default of the developer of that subdivision to do so, or in the alternative to indemnify the City of Cypress for its failure to do so.

On October 15, 1962, Ball Properties II, a California corporation, obtained the approval by the City of Cypress of a tentative subdivision tract map on certain terms and conditions, including in part, that the developer construct street improvements as required by the City of Cypress in the tract in question. On September 9, 1963, the developer requested that the City of Cypress grant an extension of one year for the submission of a final tract map. This request was granted for on January 8, 1964, the developer entered into a written contract with the City of Cypress, pursuant to Business and Professions Code, section 11611, which provided in part: 1 ‘ That developer will at the sole cost and…